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WISCONSIN 


CORRUPT PRACTICES LAW 


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Chapter 650, 1911 


. COMPILED UNDER DIRECTION OF 

J. A. FREAR, Secretary of State 



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CORRUrr PRACTICES ACT 



Definitions,. Section 94—1. The following w'ords and phrases 
as used in sections 94—1 to 94—39 of the statutes shall be con¬ 
strued as follows: 

(1) Any act shall be deemed to have' been done for “political 
purposes” when the act is of a nature, is done with the intent, or 
is done in such a way, as to influence or tend to influenc'.e, directly 
or indire'ctlj% voting at any election or primary, or on account of 
any person having voted, or refrained from voting, or being about 
to vote or refrain from voting at any election or primary. 

(2) The term “candidate” shall mean and include e'very per¬ 
son for w’hom it is contemplated or desired that votes may be cast 
at any election or primary, and who either tacitly or expressly 
consents to be so considered except candidates for president and 
vice president of the United States. 

(3) The' term “disbursement” shall mean and include every 
act by or through which any money, property, office of position 
or other thing of value passes or is directly or indirectly conveyed, 
given, provided, paid, expended, promised, pledged, contributed or 

' lent, and also any money, property, office or position or other thing 
of value so given, provided, paid, expended, promised, pledged, 
contributed or lent. 

(4) The term “filing officer,” when used with reference to 
any candidate, shall be construed to mean the officer who is author¬ 
ized by law to issue a certificate of nomination or election to such 
candidate', if -he be successful. If there be no officer authorized 
to issue such certificate of nomination or election, then such term 
shall be construed to mean the clerk of the town, city or village 
in which such candidate resides, (1911 c. 650) 

Disbursement contrary to law. Section 94—2. 1. No person 

shall receive or accept any money, property or other thing of value, 
or any promise or pledge thereof, constituting a disbursement made 
for political purposes contrary to law. 

Lack of knowledge a defense. 2. In any prosecution for the 
violation of this section, it shall be' a defense if the accused person 
shall prove that he’ had neither knowledge that such disbursement 
constituted a disbursement made for political purposes contrary to 
law, nor any reasonable cause’ to believe that it constituted such 
disbursement. (1911c. 650) 

Disimrsements, by whom made. Section 94—3. No candidate 
shall make’ any disbursement for political purposes except under his 
personal direction which for every purpose shall be considered his 
act, through a committee','•or'~through a personal campaign 




) 





committee, whose authority - to act shall be filed, as provided in 
section 9 4—4 of the statutes. (Wll c. 050) 

I’erj-onal cainpaijiii committee: aiipointment; presiiinption 

of authority. Sectiox 9 4—4. Any candidate may select a single 
personal campaign committee to consist of one or more persons. 
Before any personal campaign committee’ shall make any disburse¬ 
ment in behalf of any candidate, or shall incur any obligation, ex¬ 
press or implied, to make any disbursement in his behalf, it shall 
file with the filing oificer of such candidate, a written statement, 
signed by such candidate, setting forth that such personal campaign 
committee has been appointed and giving the name' and address 
of each member thereof, and the name and address of the secretary 
thereof. If such campaign committee consists of only one person, 
such person shall be deemed the secretary thereof. Any candidate 
may revoke the selection of any member of such personal campaign 
committee by a revocation in writing which, with proof of personal 
service on the member whose selection is so revoked, shall be filed 
with the filing officer of such candidate. Such candidate may fill 
the vacancy thus created in the manner in which an original ap- 
1 ointment is made. In civil actions and proceedings brought under 
sections 9 4— 1 to 9 4—39, inclusive, of the statutes, the acts of 
every member of such personal campaign committee shall be pre¬ 
sumed to be with the knowledge and approval of the candidate until 
it has been clearly proved that the candidate did not have 
knowledge of and approve the same, and that, in the exercise of 
reasonable care and diligence, he could not have had knowledge of 
and opportunity to disapprove the same. (1911 c. 630) 

Disbiirseineiits by persons otlier than candidates and committees. 

Section 9 4—5. No person or group of persons, other than a can¬ 
didate or his personal campaign committee or a party committee, 
shall make any disbursement for political purposes otherwise than 
through a personal campaign committee or a party committee, 
except that expenses incurred for rent -of hall or other rooms, for 
hiring speakers, for printing, for postage, for advertising, for 
distributing printed matter, for clerical assistance and for hotel 
and traveling expenses may be contributed and paid by‘a person or 
group of persons residing within the county where such expenses 
are incurred. (1911 c. 630) 

Disbiii'semeiits authorized by candidates. Section 9 4—6. 1. 

No candidate shall make any disbursement for political purposes 
except: 

(1) For his own personal hotel and traveling expenses and for 
postage, telegraph and telephone expenses. 

(2) For payments which he may make to the state pursuant 
to law. 

(3) For contributions to his duly registered personal cam¬ 
paign committee. 

(4) For contributions to his party committee’. 

(;")) For the purposes enumerated in section 94—7 of the 
statutes, when such candidate has no personal campaign committee, 
but not otherwise. 

2. After the primary, no candidate for election to the United 
States senate shall make any disbursement in behalf of his candi¬ 
dacy, except contributions to his party committees, for his own 
actual necessary personal traveling expenses, and for postage, 
telephone and telegraph expense’s, and for payments which he may 
make to the state pursuant to law. (1911 c. 630) 


Disbiirseiiieiits authorized by eoniiiiittees. Section 94—7. No 
party committee nor personal campaign committee shall make any 
disbursement except; 

(1) For maintenance of headquarters and for hall rentals, 
incident to the holding of public meetings. 

(2) For necessary stationery, postage and clerical assistance 
to he employed for the candidate at his headquarters or at the 
headquarters of the personal campaign committee, incident to the 
writing, addressing and mailing of letters and campaign literature. 

(3) For necessary expenses, incident to the furnishing ,and 
printing of badges, banners and other insignia, to the printing and 
posting of handbills, posters, lithographs and other campaign litera¬ 
ture', and the distribution thereof through the mails or otherwise. 

(4) For campaign advertising in newspapers, periodicals or 
magazines, as provided in this act. 

(5) For wages and actual necessary personal expenses of pub¬ 
lic speakers. 

(6) For traveling expenses of members of party committees or 
personal campaign committees. (UUl c. 630) 

Flaiiirs against candidates or committees must be presented 
within 10 days after primary or election. Section 94—8. Every 
person who shall have any bill, charge or claim upon or against any 
personal campaign committee, any party committee' or any candi¬ 
date, for any disbursement made, services rendered, or thing of 
value furnished, for political purposes, or incurred in any manner in 
relation to any primary or election, shall render in writing to such 
committee or candidate such bill, charge or claim within ten days 
after the day of the election or primary in connection with which 
such bill, charge or claim was incurred. No candidate and no 
personal campaign or party committee shall pay any bill, charge 
or claim so incurred prior to any primary or election, which is not 
So presented within ten days after such primary or election. (1911 
c. 630) 

Financial statement; when tiled. Section 9 4—9. 1. Every 
candidate, the secretary of every personal campaign committee and 
the secretary of every party committee shall on the second Satur¬ 
day occurring after such candidate or committee has first made a 
disbursement or first incurred any obligation, express or implied, 
to make a disbursement for political purposes, and thereafter, on 
the second Saturday of each calendar month, until all disburse¬ 
ments shall have been accounted for, and also on the Saturday 
preceding any election or primary, file a financial statement verified 
upon the oath of such candidate or upon the oath of the secretary 
of such committee, as the case may be, which statement shall cover 
all transactions not accounted for and reported upon in statements 
theretofore filed. Each statement after the first shall contain a 
summary of all preceding statements, and summarize all items 
theretofore reported under the provisions of each subdivision of 
subsection 2 of this section in a separate total. 

W'liere filed. 2. The statement of every candidate' and the 
statement of his personal campaign committee shall be' filed with 
the filing officer of such candidate. The statement of every state 
central committee and of every congressional committee shall be 
filed with the secretary of state. The statement of every party 
committee for a state senatorial district, or for an assembly district, 
shall be filed with the filing officer of the candidate for state senator 
or assemblyman in such district. The' statement of every other 


party committee shall be filed in the office of the county clerk of 
the county for which or for a subdivision of which it is the party 
committee. 

Items specified. 3. Each such statement shall give in full 
detail: 

]\Ioney and thing of value received. (1) Every sum of money 
and all property, and every other thing of value, over five dollars 
in amount or value', received by such candidate or committee during 
such period from any source whatsoever which he uses or has used, 
or it is at liberty to use for political purposes, together with the 
namO of everr person from which each was received, the specific 
purpose for which each was received, and the date when each was 
received, together with the total amount received from all sources 
in any amounts or manner whatsoever. 

Promise or pledge received. (2) Every promise or pledge 
of money, property or other thing of value, over five dollars in 
amount or value received by such candidate or committee during 
such period, the proceeds of which he uses or has used, or it is at 
liberty to use' for political purposes, together with the names of the 
persons by whom eacii was promised or pledged, tne specific pur¬ 
poses for which each was promised or pledged, and the' date when 
each was so promised or pledged, together with the total amount 
promised or pledged from all sources in any amounts or manner 
whatsoever. 

Disbursements made. (3) Every disbursement over five dol¬ 
lars in amount or value made by such candidate' or committee for 
political purposes during such period, together with the name of 
every person to whom the disbursement is made, the specific pur¬ 
pose' for which each was made, and the date when each was made, 
together with the total amount of disbursements made in any 
aniounts or manner whatsoever. 

Obligations incurred. (4) Every obligation, express or im¬ 
plied, to make any disbursement, over five dollars in amount or 
value, incurred by such candidate or committee for political pur¬ 
poses during such period, together with the names of the person or 
persons to or with whom each such obligation has been incurred, 
the specific purpose for which each was made, and the date when 
each was incurred, together with the total amount of such obliga¬ 
tions made' in any amounts or manner whatsoever. 

Dlank statements, etc.; furnishing, distribution. 4. Blanks for 
all statements required by this section shall be' prepared by the 
secretary of state and copies thereof, together with a copy of this 
act, shall be furnished through the county clerk or otherwise, as 
the' secretary of state may deem expedient, to the secretary of 
every personal campaign committee and to the secretary of every 
party committee and to every candidate upon the filing of nomina¬ 
tion papers, and to all other persons required by law to file such 
statements who may apply therefor. 

C’onstrnction. 5. Nothing contained in this act shall be con¬ 
strued to affect in any manner the provisions of sections 4543c and 
45 4 3c— 1 of the statutes. (1911 c. 650) 

Failure to file expense statement by primary nominee; disqnali- 
tication. Section 9 4—10. The name of a candidate chosen at a 


primary election or otherwise shall not be printed on the official 
ballot for the ensuing election, unless there has been filed by or on 
behalf of said candidate and by his personal campaign committee, 
if any, the statements of accounts and expenses relating to nomina¬ 
tions required by this act. (1911 c. 650J 

Disbursements by persons other than candidates and commit¬ 
tees. Sb:ction 9 4—11, 1. Every person other than a candidate or 
a personal campaign or party committee, who shall within any 
twelve months, make any disbursements for any political purpose, 
exceeding in the aggregate fifty dollars in amount and value, shall 
file within forty-eight hours after making any disbursement, caus¬ 
ing the aggregate of such disbursements to reach such amount, a 
sworn statement thereof with the clerk of the county wherein he 
resides. 

Items specified. 2. Such statement shall give in full detail,, 
with date, every item of money, property or other thing of value 
constituting any part of such disbursements, the exact means by 
which and the manner in which each such disbursement is made, and 
the name and address of every person to whom each was made, and 
the specific purpose for which each was made. (1911 c. 650) 

Solicitation for religious, charitable or fraternal organizations 
prohibited. Section 9 4—12. 1. No person shall demand, solicit, 

take, invite or receive from any candidate, from any personal cam¬ 
paign committee or member thereof, or from any party committee 
or member thereof, any payment or contribution or obligation, ex¬ 
press or implied, for payment or contribution of money or thing of 
value for any religious, charitable or fraternal cause or organiza¬ 
tion, except for personal campaign committee's or regular party 
committees. 

Payment to oi* promise prohibited. 2. No such candidate, com¬ 
mittee or member thereof, shall make or promise or intimate that 
he will or may make such payment or contribution in the future. 

Kegular subscriptions and contributions. 3. Nothing herein 
contained shall prohibit the payment of the regular subscription or 
contribution by, any person to an organization of which he is a 
member, or to which he may have been a regular contributor., 
prior to his candidacy or membership on such committee, nor the 
ordinary contributions at a regular church service. (1911 c. 650) 

Payments for services primary and election day prohibited; regis¬ 
tration, transportation. Section 9 4—13. No person nor personal 
campaign or party committee shall pay or incur any obligation, ex¬ 
press or implied, to pay, any sum of money or thing of value what¬ 
ever, for services to be performed on the day of any primary or 

election, in behalf of any candidate, party or measure', to be voted 
upd'n at said primary or election; or for any political service per¬ 
formed on such day, or for any loss of time or damage suffered by 
attendance at the polls at the primary or election, or in registering 
for voting, or for the expense of transportation of any voter to or 

from the polls on such day. (1911 c. 650) 

Newspapers and peidodicals; paid advertisements. Section 
94—14. 1. No publisher of a newspaper or other periodical shall 

insert, either in the advertising column of such newspaper or 
periodical or elsewhere therein, any matter paid for or to be paid 


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for which is intended or tends to influence, directly or indirectly, 
any voting at any election or primary, unless at the head of said 
matter is printed in pica capital letters the words “Paid Advertise¬ 
ment,” and unless there is also a statement at the head of said 
matter of the amount paid or to be paid therefor, the name and 
address of the candidate in whose behalf the matter is inserted, 
and of any other person, if any, authorizing the publication, and 
the name of the author thereof. 

I’ersoiis financially interested in; statement. 2. Every person 
occupying any office or position under the constitution or laws of 
this state, or under any ordinance of any town or municipality 
herein, or under the constitution or laws of the United States, the 
annual income of which shall exceed three hundred dollars, and 
every candidate, every member of any personal campaign or party 
committee, who shall either in his own name, or in the name of 
any other person, own any ffnancial interest in, any newspaper or 
periodical, circulating in part or in whole in Wisconsin, shall, be¬ 
fore such newspaper or periodical shall print any matter otherwise 
than as is provided in subsection 1 he'reof, which is intended or 
tends to influence, directly or indirectly, any voting at any election 
or primary in this state, file in the office of the’ county clerk of the 
county in which he resides a verified declaration, stating definitely 
the newspaper or periodical in which or over which he has such 
financial interest or control, and the exact nature and extent of 
such interest or control. The editor, manager or other person con¬ 
trolling the publication of any such newspaper or article, who shall 
print Or cause to be printed any such matter contrary to the' pro¬ 
visions of this act, prior to the filing of such verified declaration 
from every person required by this subsection to file such declaration, 
shall be deemed guilty of a violation hereof. (1911 c. 650) 

Aewspaper (lisbiirsemeiits prohibited. Section 94—15. No 
owner, publisher, editor, reporter, agent or employe of any news¬ 
paper or other periodical, shall, directly or indirectly, solicit, re¬ 
ceive or accept any payment, promise or compensation, nor shall 
any person pay or promise to pay, or in any manner compensate 
any such owner, publisher, editor, reporter, agent or employe, di¬ 
rectly or indirectly, for influencing or attempting to influence 
through any printed matter in such newspaper any voting at any 
election or primary through any means whatsoever, except through 
the’ matter inserted in such newspaper or periodical as “paid ad¬ 
vertisement,” and so designated as provided by law. (1911 c. 650) 

Circulars to contain name and address of author and candidate. 
Section 94—16. No person shall publish, issue or circulate or 
cause to be published, issued or circulated otherwise than in a 
newspaper, as provided in subsection 1, of se’ction 94—15, any 
literature or any publication tending to influence voting at any 
election or primary, which fails to bear on the face’ thereof the 
name and address of the author, the name and address of the can-, 
didate in whose behalf the same is published, issued or' circulated., 
and the name and address of any other person causing the’ same to 
be published, issued or circulated. (1911 c. 650) 

rnblishing false statements relative to candidates. Section 
94—17. No person, firm or corporation shall knowingly make or 
publish, or cause to be made or published, any false statement in 
relation to any candidate, which statement is intended or tends to 
alfect any voting at any primary or election. (1911 c. 650) 


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Promise of appointment and employment by candidates. Sec¬ 
tion 9 4—18, No person shall, in order to aid or promote his nomi' 
nation or election, directly or indirectly, himself or through any 
other person, appoint or promise to appoint any person, or secure 
or promise to secure or aid in securing the appointment, nomina¬ 
tion or election of any person to any public* or private' position or 
employment, or to any position of honor, trust or emolument. 
Nothing herein contained, however, shall prevent a candidate from 
stating publicly his preference for or support of any other candi¬ 
date for any office to be voted for at the same primary or election: 
nor prevent a candidate, for any office in which the person elected 
will be charged with the duty of participating in the election or 
the' nomination of any person as a candidate for any office, from 
publicly stating or pledging his preference for or supiDort of any 
person for such office or nomination, (1911 c. 650) 

Notice or tlireats by employers to influence ivolitical opinions of 
employes. Section 9 4 —19. No person being an employer or 
acting for or in behalf of any employer shall give, distribute or 
cause to be given or distributed to any of his employes, any printed 
or written matter containing any threat, notice or information, that 
in case any particular ticket of a political party or organization or 
candidate shall be elected, or any measure referred to a vote of 
the people, shall be adopted, work in his place or establishment will 
cease, in whole or in part, or his place or establishment be closed 
up, or the salaries or wages of his workmen or employes be reduced, 
or other threats, expressed or implied, intended or calculated to 
influence the political opinions or actions of his workmen or em¬ 
ployes. (1911 c. 650) 

Primary pamphlet; statements for publication; filing. Section 
94—20. 1. Any candidate for nomination to any state' or legis¬ 
lative office, or for the office of senator or representative in congress, 
Avho intends to file nomination papers as provided by law, may by 
himself or through his personal campaign committee or through 
any other person authorized by him, not later than the fortieth 
day preceding the September primary, file with the secretary of 
state for publication in pamphlet form as hereinafter provided, a 
typewritten or printed statement,^ duly signed and verified as herein¬ 
after provided, with or without his portrait cut of suitable size and 
nature for such pamphlet, giving the reasons why he should be 
nominated. 

, Space limit. 2. The statement and portrait, if any, for each 
candidate for member of the state' legislature shall not occupy to 
exceed one page as printed in the pamphlet. The statement for 
each other candidate herein provided for shall not exceed two pages 
as printed therein. (1911 c. 650) 

Compilatioii and printing by secretary of state. Section 94—21. 
Not later than the thirty-fifth day before the September primary, 
the secretary of state shall compile, prepare and cause to be printed 
in pamphlet form for each state senatorial district separately, the 
statements filed for the candidates to be voted for therein, placing 
the statement relative to the candidate for governor first, followed 
in order by those of the candidates for the other state offices, for 
presidential electors, for United States senator, for meipber of 
Congress, state senator and assemblyman. (1911 c. 650) 

Mailing. Section 9 4—22. At least ten days before the' pri¬ 
mary, the secretary of state shall forward by mail to each voter 


in the state, who appears on the" list forwarded to him as provided 
in section 6 2n of the statutes, as made up from voters voting at the 
last general election, a copy of the pamphlet provided for herein 
for such primary. (1!)J1 c. 0.10) 

Klectioii pamphlet; statements tor publication; filing. Skctiox 
9 4—^^23. 1. Not later than the fortieth day before the general 

election the nominee of any political party or any independent 
candidate for any state or legislative office, or for the' office of 
senator or representative in congress may, by himself or through 
his personal campaign committee or his party committee or through 
any other person authorized by him, file with the secretary of state 
for publication as hereinafter provided for, a typewritten or printed 
statement duly signed and verified as provided herein, with or with¬ 
out his portrait cut, giving the reasons why he should be elected. 

State central committee. 2. The state central committee of 
any political party, entitled by law to have' the names of its candi¬ 
dates placed upon the official ballot in a general election, may also 
file with the secretary of state', on or before the thirty-eighth day 
before the general election, a typewritten or printed statement 
containing such matter as it wishes published, duly verified as pro¬ 
vided herein, giving the reasons why the principles of said party 
should prevail, and why its nominees should be elected. Such state¬ 
ment so filed may include duly authenticated copies of all or any 
portion of the state or national party platforms of such political 
party. Such state central committee' or some one authorized by^ it 
may also file with the secretary of state prior to such date, a state¬ 
ment relative to any amendment to the constitution to be voted on 
by the people at said election, or relative to any law to be submitted 
to the vote' of the people of the state of Wisconsin at such election, 
which statement shall occupy in the aggregate not to exceed five 
pages of such pamphlet. 

(.'oiistitutioiial amemlmeiits. 3. The' secretary of state shall 
cause to be printed in such pamphlet to be circulated prior to such 
general election, as provided herein, a full and accurate copy of 
every constitutional amendment to be voted upon by the people 
at such election, and a full and accurate copy of every law to be 
submitted to the vote of all the electors of the state of Wisconsin 
at such election. 

Space limit. 4. The statement for and the portrait, if any, 
of each candidate for member of the state legislature shall not 
occupy to exceed one' page as printed in the pamphlet. The state¬ 
ment or the portrait, if any, of each other candidate herein provided 
for shall not exceed two pages as printed therein. 

Construction. 5. Nothing herein contained shall be construed 
to prevent any candidate from granting to a party committee the 
l)rivilege of occupying any space allowed to such candidate in the 
pamphlets herein provided for. 

Constitutional amendments; statement, fee. 6. Any person or 
group of persons other than the candidate's or personal campaign or 
party committees may file with the secretary of state, not later 
than the forty-fifth day before the general election, statements 
giving the reason why any constitutional amendments or law sub¬ 
mitted to the vote of the electors of the state' should be favorably 
or unfavorably considered by the electors; provided, that with 


such statement there is filed a sum sufficient to pay three' hundred 
dollars per page as printed in such pamphlet. (1911 c. 650) 

(Compilation, printing: hy secretary of state. Section 9 4—24. 
Not later than the thirty-fifth day before the general election,-the 
secretary of state shall compile, prepare and cause to be published 
in pamphlet form, for each state senatorial district separately, all 
resolutions provided for amendments to the constitution, all laws 
required to be submitted to a vote of the electors of the state, and 
if the' law relative thereto has been complied with, all arguments 
concerning such amendments and laws, the statements filed by the 
party committee giving reasons why the principles of said party 
should prevail and why its nominees should be elected, and the 
statements filed referring to the candidates to be voted for at such 
election, placing the statements relative to the candidates for gov¬ 
ernor first, followed in order by those of the candidates for the 
other state offices, for presidential electors, for United States sen¬ 
ator, for member of congress, for state senator and for assembly- 
man, (1911 c. 650) 

flailing. Section 94—25. At least ten days before the general 
election the secretary of state shall forward by mail to every voter- 
in every senatorial district in thb state, who appears on the list 
forwarded to him as provided in section 62n of the statutes, a 
copy of the pamphlet provided for herein for such voter. (1911 
c 650) 

False and libelous statements; author liable. Section 94—26. 
1. Nothing in this act shall exempt the authors of any statement or 
statements provided for by this act from any civil or criminal 
action, penalty or liability for any false, slanderous or libelous 
statement offered for printing or contained in the pamphlet herein¬ 
after provided for. 

Author. 2. Any person or persons procuring, making or pre¬ 
senting any such statement for filing or assisting in so doing shall 
be deemed the authors and publishers thereof. 

Verification. 3, No statement for publication in the pamphlets 
provided for in this act shall be published, unless it is verified upon 
the oath of the person filing it, in a verification which shall in 
substance declare that every allegation therein purporting to be' a 
statement, relative to any existing fact, is true to the knowledge- 
of the affiant. But no such verification shall be printed in the 
pamphlet sent to the voters. 

Joint statements. 4. Any number of candidates may file joint 
statements to be published in any such pamphlet, but the space 
occupied by such joint statements shall be paid for at the highest 
rate chargeable to any of the candidates joining therein. 

Size, type, paper. 5. The pages of the pamphlet required by 
this act shall be six by nine inches in size, and the printed matter 
therein shall be set in eight point, Roman faced type, single' leaded 
and twenty-five ems pica in width and with proper heads. In the 
foot margin of every page of the pamphlets for the primary shall be 
shown the authority for the information therein, as “This informa¬ 
tion furnished by (name of candidate or committee).” Such pamph¬ 
let shall be printed upon tw'enty-four by thirty-six inch, thirty-five 
pound, number one print paper, or upon paper substantially equiva¬ 
lent thereto in W'eight, quality and cost. 


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Extra copies. 6, Extra copies of any such pamphlet shall be 
furnished to candidates and committees, who before' the date of 
completion of the compilation thereof, deposit with the secretary, 
of state' a sufficient sum -to cover the cost of the publication of the 
number desired. 

Xiiiiiber printed. 7. Tn preparing pamphlets for distribu¬ 
tion prior to the primary and general election, the secretary of 
state shall provide copies to the' number of twenty per cent more 
than the number of voters whose addresses he has upon the list 
provided for by law, and from such number shall forward to any 
elector applying therefor a copy of the pamphlet applied for. 

rayiiient of fee. 8. Every sum required to be paid for publi¬ 
cation of any matter in any pamphlet, as provided for in this act, 
shall be deposited with the' secretary of state when the matter for 
publication is presented for filing. (Idll c. QoO) 

Publication fee, either pamphlet. Section 94—27. 1. Each 

candidate for nomination or election shall pay for the space which 
he elects to use in either of the two pamphlets herein provided for 
at the rate' per page as follows: 

Federal. (1) Ea-ch candidate for the office of United States 
senator in congress, or presidential elector, three hundred dollars 
for* the first page or any fraction thereof, and one hundred fifty 
dollars for the second page' or any fraction thereof. Each candidate 
for the office of representative in congress, two hundred dollars for 
the first page' or any fraction thereof, and one hundred dollars for 
the second page or any fraction thereof. 

State. (2) Each candidate for a state office, three’ hundred 
dollars for the first page or any fraction thereof, and one hundred 
fifty dollars for the' second page or any fraction thereof, except the 
candidate' for lieutenant-governor, who shall pay at the rate of one 
hundred dollars for each page allowed hirii or any fraction thereof. 

State senator. (3) Each candidate for member of the state 
^ senate, sixty dollars for the page allowed him or any fraction 
thereof. 

Assemblyman. (4) Each candidate for member of the assem¬ 
bly, twenty dollars for the page allowed him or any fraction thereof. 

State central committees. 2. The state central committee of 
any political party authorized to file the statements provided for in 
subsection 2, of section 94—24, of the statutes, shall pay at the 
rate of three' hundred dollars per page for the matter, giving' the 
reasons why the principles of said party should prevail, and why 
its nominee should be elected, but no charge shall be made for the 
space occupied by statements filed by such state central committee, 
or by some' one authorized by it relative to any constitutional amend¬ 
ment, or to any law to be voted for -by the electors at such election. ' 
Nor shall any charge be made for the space occupied by the consti¬ 
tutional amendments or laws to be voted upon at such election. 
(Idll c. (}30) 

Disbiirscmenis by candidates; amount limited. Section 94—28. 

1. No disbursement shall be made and no obligation, express or 
implied, to make such disbursement, shall be incurred by or on 


/ 


/ 


—12 — 


behalf of any candidate for any office under the constitution or laws 
of this state, or under the ordinance of any town or municipality ^ 

of this state in his campaign for nomination or election, which / 

shall be in the aggregate in excess of the amounts herein specified, 
namely: 

(1) For United States senator, seven thousand five hundred . . . 

dollars. -A 

(2) For representative in congress, two thousand five hundred - jt! 

dollars. ^ 

(3) For governor, judge of the supreme court or state super- ' 

intendent of schools, five thousand dollars. 

(4) For other state officers, two thousand dollars. . ; 

(5) For state senator, four hundred dollars. ^ ? 

(6) For member of assembly, one hundred fifty dollars. 

(7) For presidential elector at large, five hundred dollars, and - . 

for presidential elector for any congressional district, one hundred , . ^ 

dollars. ' 

(8) For any county, city, village or town officer, for any judge 
or for any officer not hereinbefore mentioned, who, if nominated 
and elected, would receive a salary, a sum not exceeding one-third 
of the salary to which such person would, if elected, be entitled 
during the first year of his incumbency of such office. If such 
person when nominated and elected, would not receive a salary, a 
sum not exceeding one-third of the compensation which his prede¬ 
cessor received during the first year of such predecessor’s incum¬ 
bency. If such officer, when nominated and elected, would not 
receive a salary and if such officer had no predecessor, and in all 
cases not specifically provided for, twenty-five dollars and no more'. 

Authority to disburse; delegiition; ' amount; limit. 2. Any 
candidate may delegate to his personal campaign committee or to 
any party committee of his party, in writing duly subscribed by him, 
the exnenditure of any portion of the total disbursements which 
are authorized to be incurred by him or on his behalf, by the pro¬ 
visions of this section, but the total of all disbursements by himself, 
by his personal campaign committee in his behalf, by all party 
committees in his behalf, or otherwise made in his behalf, shall 
not exceed in the aggregate the amounts in this section snecified, . 
except as provided in section 9 4—30 of the statutes. (1911 c. (IW) 

Uommittee disbursements; amount; limit. Sectiox 94—29. 1. 

No disbursement shall be made and no obligation, express or im¬ 
plied, to make such disbursement, shall be incurred by or on behalf 
of any party committee, or by or on behalf of any personal cam¬ 
paign committee, exceeding in the aggregate the total amounts 
theretofore delegated to such committee in writing, duly subscribed 
as provided in section 94—29 of the statutes. 

State central committee; additional disbursements. 2. The state 
central committee of any political party entitled by law to have the 
names of its candidates placed upon the official ballot in a general 
' election may, however, in addition to the disbursements and obli¬ 
gations to make disbursements provided for in subsection 1 hereof, 
make further disbursements in connection with any general elec¬ 
tion, not exceeding in the aggregate the sum of ten thousand 
dollars. 

Limit. 3. Nothing contained in this act shall be construed to 
authorize the state central committee’ of any political party to make 
disbursements in connection with any general election,, in excess 


in the aggregate of ten thousand dollars, and every disbursement 
by any such committee in excess of such amount is forbidden. 
(li)lt c. GoO) 

I*rosecutions, proceedings by electors. Section 94—30.* 1. If any 
elector of the state shall have within his possession information 
that any provision of sections 9 4—1 to 94—38, inclusive, of the 
statutes, has been violated by any candidate for which such elector 
had the right to vote, or by any personal campaign committee of 
such candidate, or any member thereof, he may, by verified peti¬ 
tion apply to the county judge of the county in which such viola¬ 
tion has occurred, to the attorney-general of the state, or to the 
governor of the state, for leave to bring a special proceeding to 
investigate and determine whether or not there has been such viola¬ 
tion by SUCH candidate or by such committee or member thereof, 
and for appointment of special counsel to conduct such proceeding 
in behalf of the state. 

JiCave to bring action. 2. If it shall appear from such petition 
or otherwise that such candidate, committee or member thereof 
has violated any provision of this act, and that sufficient evidence 
is obtainable to show that there is probable cause to believe that 
such proceeding may be successfully maintained, then such judge 
or attorney-general or governor, as the case may be, shall grant 
leave' to bring such proceeding and shall appoint special counsel to 
conduct such proceeding. 

Special proceeding. 3. If such leave be granted and such coun¬ 
sel appointed such elector may, by a special proceeding brought 
in the circuit court in the -name of the' state upon the relation of 
such elector, investigate and determine whether or not such can¬ 
didate, committee or member thereof, has violated any provision 
of this act, but nothing contained in this act shall be considered 
as in any way limiting the effect or preventing the operation of 
remedies now in existence in such cases. (J911 c. (110) 

Suiiimoiis and complaint; service. Section 9 4—31. 1. In such 
proceeding the complaint shall be served with the summons, and 
shall set forth the name of the' person whose election is contested, 
and the grounds of the contest in detail, and shall not thereafter 
be amended except by leave of the court. The siujimons and com¬ 
plaint in the proceeding shall be filed within five' days after service 
thereof. 

Answer. 2. The answer to the complaint shall be served and 
filed within ten days after the service of the summons and com¬ 
plaint. Any allegation of new matter in the answer shall be 
deemed controverted by the adverse party without reply, and 
thereupon said proceeding shall be at issue and stand ready for 
trial upon five days’ notice of trial. 

Trial; preceilence; Avitliout .jiuT* 3. All such proceedings shall 
have precedence over any civil cause of a different nature pending 
in such court, and the court shall always be deemed open for the 
trial thereof, in or out of term, and the same shall be tried and 
determined the same as are civil actions, but the court shall with¬ 
out a jury determine all issues of fact as well as issues of law. 

Consolidation of proceedings. 4. If more than one proceeding 
is pending or the election of more than one person is investigated 
and contested, the court may, in its discretion, order the proceed- 


— 14 


ings consolidated and heard together and may equitably apportion 
costs and disbursements. 

Depositions. 5. The parties to such proceedings may invoke' the 
provisions of sections 4068 and 4096 of the statutes, but two days’ 
notice of the taking of the deposition of any witness shall be suf- 
ficent notice thereof, 

t'hange of venue. 6. In all such proceedings either party shall 
have the right of change of venue, as provided by law in civil ac¬ 
tions, but application for such change must be made within five days 
after service of summons and complaint, and the order for such 
change shall be made within three days after the making of such 
application and the papers transmitted forthwith, and any neglect 
of the moving party to procure-such transmission within such time 
shall be a waiver of his right to such change of venue'. 

Judgment; costs. 7. If judgment is in favor of the plaintiff 
the relator may recover his taxable costs and disbursements against 
the person whose right to the office is contested, but no judgment 
for costs shall be awarded against the relator, unless it shall ap¬ 
pear that such proceeding has been instituted otherwise' than in 
good faith. All costs and disbursements in such cases shall be in 
the discretion of the court. (JO 11 c. 650) 

/ 

Judgment of ouster; disqualification; filling Aaeancy. Section 
94—32. 1. If the court shall find that the candidate' whose right 

to any office is being investigated, or his personal campaign com¬ 
mittee or any member thereof has violated any provision of this 
act, in the conduct of the campaign for nomination or election, 
and if such candidate is not one mentioned in subsection 2 
hereof, judgment shall be' entered declaring void the election of 
such candidate to the office for which he was a candidate, and 
ousting and excluding him from such office and declaring the office 
vacant. The vacancy thus created shall be filled in the manner 
provided by law, but no person found to have violated any pro¬ 
vision of this act shall be eligible to fill any office or to become 
a candidate' for any office, candidates for which have been voted 
for at the primary or election in connection with which such vio¬ 
lation occurred. 

Congressional and legislative offices; jiroceedings. 2. If such 
proceeding has been brought to investigate' the right of a can¬ 
didate for member of the state' senate or state assembly or for 
senator or representative in congress, and the' court shall find that 
such candidate or any member of his personal campaign committee' 
has violated any provision of this act, in the conduct of the cam¬ 
paign for nomination or election, the court shall draw its find¬ 
ings to such effect and shall forthwith, without final adjudication, 
certify its findings to the secretary of state, to be by him trans¬ 
mitted to the presiding officer of the legislative body, as a member 
of which such person is a candidate. 

Appeals; stay <>f proceedings; injunction. 3. Appeals may be 
taken from the determination of the court in such proceeding in 
the same manner as appeals may be taken as provided by law 
in civil actions, but the' party appealing shall in no case be en¬ 
titled to or obtain a stay of proceedings. No injunction shall is¬ 
sue in any such proceeding suspending or staying any procedure 
therein or connected therewith, e'xcept upon application to the 


s 


■court or the presiding judge thereof, upon notice to all parties 
and after hearing. 

Xo bar to criminal iH’Osecution. 4. No judgment entered as 
provided for herein shall be any bar to or affect in any way any 
criminal prosecution of any candidate or other person. (1911 c. 
650J 


Special counsel; supreme court. Section 94—33. 1. If the judg¬ 

ment of the trial court is appealed from in such proceeding, the 
county judge, the attorney-general or the governor, who made the 
appointment of special counsel for the trial court, shall authorize 
such counsel so appointed, or. some other person to appear as 
special counsel in the supreme court in such matter. 

Compensation. 2. The special counsel provided for by this act 
shall receive a reasonable compensation for his services, not to 
exceed, however, twenty-five dollars per day for the time actually 
spent in conducting the proceedings in the trial court or upon 
appeal, and not to exceed ten dollars per day for the time neces¬ 
sarily expended in preparation therefor. Such compensation shall 
be' audited by the secretary of state, and paid out of the state treas¬ 
ury upon a voucher and upon the Certificate of the officer ap¬ 
pointing such counsel to the effect that such appointment has 
been duly made, that the person so appointed has faithfully per¬ 
formed the duties imposed upon him, and that the number of 
days stated in such voucher have been consumed in conducting 
such litigation and in preparation therefor. (1911 c. 050) 

Witnesses; incriminating testimony; penalty; perjury. Section 
94—34. No person shall be excused from testifying in such pro¬ 
ceeding, or in any proceeding for violation of or growing out of 
the provisions of this act, on the' ground that his testimony may 
expose him to prosecution for any crime, misdemeanor or for¬ 
feiture. But no person shall be prosecuted, or subjected to any 
penalty or forfeiture, except forfeiture of nomination or of elec¬ 
tion to office, for or on account of any transaction, matter or 
thing concerning which he may testify or produce evidence, docu¬ 
mentary or otherwise, in such proceeding or examination, except 
a prosecution for perjury committed in giving such testimony. 
(1011 c. 650) 

Kxpense accounts; failure to file; notificatioii. Section 94—35. The 
officer with whom the expense account of any candidate for public 
office is required by any law of this state to be filed, shall notify 
such candidate' of his failure to comply with such law, immediately 
upon the expiration of the time fixed by any law of this state for 
the filing of the same, and shall notify the district attorney of the 
•county where such candidate resides of the fact of his failure' to 
file, and said district attorney shall thereupon prosecute such can¬ 
didate. (1011 c. 650) 

('rimiiial actions; judgment. Section 9 4—36. 1. If any person 
shall, in a criminal action, be judged to have been guilty of any 
violation of this act, while a candidate for any office under the 
constitution or laws of this state, or under any ordinance of any 
town or municipality therein other than the office of state senator 
or member of the assembly, the court shall, after entering the ad¬ 
judication of guilty, enter a supplemental judgment declaring such 
person to have forfeited the office in the conduct of the campaign 



LIBRARY OF CONGRESS 



0 028 070 985 2 


for the nomination or election to which he was guilty of such vio¬ 
lation, and shall transmit to the filing officer of such candidate a 
transcript of such supplemental judgment, and thereupon such office 
shall be deemed vacant and shall be filled as provided by law. 

Personal cainpaign coininittee; violation; jiidginent. 2. If any 

person shall, in a similar action, be found guilty of any violation 
of this act, committed while he was a member of the personal cam¬ 
paign committee of any candidate for any such office’, the court 
before which such action is tried, shall immediately after entering 
such adjudication of guilty, enter a supplemental judgment declar¬ 
ing such candidate to have forfeited the office in the conduct of the 
campaign for nomination, or election, to which such member of his 
personal campaign committee was guilty of such violation, and shall 
transmit to the filing officer of such candidate a transcript of such 
supplemental judgment, and thereupon such office shall be deemed 
vacant and shall be filled as provided by law. 

t'oiigressional and legislative candidates; jndginent. 3. If any 
person shall, in a criminal action, be' adjudicated guilty of any viola¬ 
tion of this act, committed while he was a candidate for the office of 
state senator, member of the assembly. United States senator or rep¬ 
resentative in congress, or while he was a member of the personal 
campaign committee of any such candidate, the' court, after entering 
such adjudication of guilty, shall forthwith transmit to the presiding 
officer of the legislative body as a member of which such officer was 
a candidate when such violation occurred, a certificate setting forth 
such adjudication of guilty. 

Criminal court; jurisdiction. 4. Any court having jurisdiction to 
enter judgment of guilty in any such criminal action is hereby vested 
with jurisdiction to enter such supplemental judgment, transmit a 
transcript thereof and issue a certificate as provided in this section. 
(1911 c. lioO) « 

Uinploynient of counsel by candidate. Sectiox 94—37. Nothing 
contained in this act shall prevent any candidate from employing 
counsel to represent him in any action or proceeding, affecting his 
rights as a candidate, nor from paying all costs and disbursements 
necessarily incident thereto. No sum so paid or incurred shall be 
deemed a part of the campaign expenses of any such candidate. 
(1911 c. (!')()) 

IVnalty. Sectiox 9 4—38. Any person violating any provision of 
sections 94—1 to 9 4—38, inclusive, of the statute's, shall upon con¬ 
viction thereof, be punished by imprisonment in the' county jail for a 
period of not less than one month nor more' than one year, or by im¬ 
prisonment in the state prison for a period of not less than one year 
nor more than three years, or by a fine' of not less than twenty-five 
dollars nor more than one thousand dollars, or by both such fine 
and imprisonment; and no person so convicted shall be permitted 
to take or hold the office to which he was elected, if any, or re¬ 
ceive the' emoluments thereof. (1911 c. doO) 

Approinfiation. Sectiox 94—39. A sum sufficient to carry out 
the provisions of sections 94—1 to 94—39, inclusive, of the stat¬ 
utes, not to exceed the sum of fifteen thousand dollars, is appro¬ 
priated annually out of any money in the treasury not otherwise 
appropriated. (1911 c. GdO) 






























































































